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Immigration Law

Immigration law concerns the federal laws that determine who can enter the country, for how long, and the naturalization process to become U.S. citizens. Attorneys help clients obtain visas and change their status under this statutory framework. On the other side of the process, immigration lawyers also focus on individuals who enter the country without authorization, overstay their visa, otherwise lose their legal status and those who are detained or subject to deportation. These attorneys often engage in civil litigation to resolve the dispute.

The need for lawyers in this area is significant as there is no right to a court-appointed lawyer in immigration proceedings. In this area of work, being fluent in an additional language is a valuable credential. JD students may apply four credit hours of language instruction at Wake Forest to their law degrees.

Immigration lawyers in the private sector often work in a small or specialty boutique law firm, but there are also some opportunities with in-house counsel and corporations and research universities. In the public sector, because immigration is federal in nature, there may be opportunities in government agencies like U.S. Immigrations and Customs Enforcement (ICE) or the Bureau of U.S. Citizenship and Immigration Services. Recent graduates may find positions as asylum officers through the Presidential Management Fellowship, or as clerks to Immigration Law Judges through the DOJ Honors Program. Some non-profits may also hire experienced immigration lawyers.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

558: Immigration Policy Seminar 2 or 3 credits PRIMARY

This class is a seminar where students study and debate contemporary issues in immigration policy. The topic for Fall 2020 will be “Seeking Asylum." Unlike the Immigration Law survey course offered in the spring, the Immigration Policy seminar does not comprehensively cover the major components of the Immigration and Nationality Act. There is no final exam; instead students will collaborate to create a capstone class project (a website explaining and critiquing efforts to restrict asylum at the southern border). The spring Immigration Law survey course is not a prerequisite for the Immigration Policy seminar; interested students may enroll in either or both classes in any order.

564: Immigration Law 3 credits PRIMARY

This course will cover a broad range of topics as we survey the landscape of immigration law: Who is a citizen of the United States? Who else can enter and reside lawfully as a permanent resident or on a short-term visa? When can noncitizens be forced to leave? Who has the authority to answer the preceding three questions? Immigration law is a statutory course, focusing on provisions on the Immigration & Nationality Act. We will also cover important cases of constitutional law.

Secondary Courses

200: Legislation and Administrative Law 3 credits SECONDARY

This course surveys the legislative process, fundamentals of statutory interpretation, and the work of administrative agencies, with special emphasis on administrative rule-making process.

405: Criminal Procedure: Investigation 3 or 4 credits SECONDARY

A study of the legal and institutional limits on law enforcement conduct in the investigation of crime, with particular focus on the constitutional limits established by the Fourth, Fifth, Sixth, and Fourteenth Amendments. Topics include searches and seizures, police interrogations, and the identificaiton of suspects. Students who have taken Criminal Procedure Survey in the past or those who are currently enrolled in Criminal Procedure Survey may not register for Criminal Procedure: Investigation.

406: Criminal Procedure: Adjudication 2 or 3 credits SECONDARY

A study of the selection, prosecution, and resolution of criminal charges. Topics will be chosen from the following: selection and grouping of charges, availability of defense counsel, pretrial release, discovery, speedy trial preparation, guilty pleas, jury trials, right to confrontation, jury deliberations and verdicts, sentencing, appeal, and collateral challenges to convictions. Students who have taken Criminal Procedure Survey in the past or those who are currently enrolled in Criminal Procedure Survey may not register for Criminal Procedure: Adjudication. Criminal Procedure: Investigation is not a pre-requisite for this course. *This course may be offered for 3 hours during some years.

500: Criminal Procedure: Selected Topics 2 or 3 credits SECONDARY

A detailed study of one or more selected aspects of criminal procedure. The topics covered in recent years have included sentencing law, police accountability, and the jurisprudence of the death penalty.

514: Federal Courts 3 credits SECONDARY

A study of issues related to jurisdiction of the U.S. trial and appellate courts, including subject matter jurisdiction, venue, judicial jurisdiction, standing, and other issues particularly related to federal courts, such as the abstention doctrine, forum non conveniens, choice of law, and joinder of state and federal law issues in the same case.

526: Employment Law 3 or 4 credits SECONDARY

A survey of statutory and common-law claims, including discrimination, wage and hour, OSHA, FMLA, intentional torts, contracts, and workers' compensation; also included are preventative approaches for employers and the use of alternative dispute resolution.

592: International Human Rights 2 or 3 credits SECONDARY

This course examines human rights law at the United Nations and regional levels, and in US law. It also covers international criminal law.

625: Suing Government 2 credits SECONDARY

This course deals with lawsuits against federal, state and local governments, with special emphasis on Section 1983 suits and immunity doctrines. Course readings will draw extensively on actual case files and documents. This course fulfills the Practical Skills requirement.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements. The course fulfills the practical skills requirement.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

Margaret Taylor

Margaret Taylor

Professor of Law

Steve Virgil

Steve Virgil

Clinical Professor of Law

Related Pathways

Civil Litigation

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Law Firm

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In-House Counsel and Corporations

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Government

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